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Spousal Domestic Violence & Battery Attorneys
Domestic violence cases are some of the most challenging matters in all of criminal law. In today’s environment, law enforcement and prosecutors tend to treat as true any allegation made against a person. In actuality, however, what appears on a police report rarely reflects the truth. This is because those claiming domestic violence regularly use the system as a backdoor method of eviction, as leverage to get child support, or as a basis for a U-Visa application. As a result, it is imperative that a person charged with domestic violence fight the allegations vigorously. As defense attorneys, our job is to make sure that the District Attorney has lawfully-obtained evidence that actually proves their case.
While the case is pending, however, it is common for the court to issue a Criminal Protective Order, effectively evicting from their own home the person against whom allegations have been made. This often has the effect of denying a parent the right to see their children, let alone the expense of having to stay somewhere other than where they pay rent or a mortgage. Further, even if the alleged victim wants to drop the charges or have the defendant return home, their wishes may not matter; the court and prosecutor can do whatever they want and they seem, given the age in which we live, to discount the wishes of the alleged victim and keep families separated—even in cases with little or no evidence—for the months and months it generally takes to complete a criminal case.
If you’ve been charged with domestic violence, you need an experienced attorney by your side. A domestic violence conviction can have ramifications with employment and immigration, let alone the criminal penalties and family separation issues. Call now.
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Criminal Lawyers & Defense FAQs
When Should I Hire A Criminal Defense Lawyer?
The answer is simple: right away if you know you’re being investigated for a crime. Don’t make a mistake, hire a criminal defense lawyer. If
If You Already Have A Criminal Defense Attorney and You’re Not Happy With Your Attorney, Can You Switch It?
The answer is yes. Absolutely not only do you have a right to counsel in this country, but you have a right to the attorney
When Should I Represent Myself In A Criminal Matter?
It is not recommended that you represent yourself in a criminal defense matter. There are attorneys that are trained, that go to school, that go
Government Lawyer Vs Private Lawyer
What’s The Difference Between Public Defender And Lawyer? Public defenders work for the government and get paid by the government in order to provide representation
Are There Any Drawbacks to Hiring a Public Defender?
Public defenders work for the government and have a tremendous amount of cases. They’re extremely busy because the government gives them these cases to handle
How Do You Bill or Charge For a Criminal Defense Case?
The way the Matian Firm works is we provide a flat fee retainer for your case. For example, if you come into our firm and
How Much Do Criminal Defense Lawyers Cost?
It depends on your case. If you have a murder case that is going to cost you a tremendous amount of money, especially as compared
Private Defense Attorney Cost
How Criminal Defense Attorneys Charge It depends upon your case. Defense attorneys charge a one-time flat fee per case and the reason is they look
I Was Caught Red-Handed, the Police Have All the Evidence to Prove that I’m Guilty. Why Should I Hire a Criminal Defense Lawyer?
You should absolutely hire a criminal defense lawyer. Because even if you think the government has all the evidence they need against you, a competent
This Is the First Time I’ve Ever Been Charged With a Crime. Will the Court Take This Into Consideration?
Yes, a court or district attorney or prosecutor or city attorney will always take into consideration the totality of circumstances which includes your past, criminal
Under What Circumstances Will A Case Be Completely Dropped and Dismissed Against Me?
There are essentially three ways: 1.) The district attorney could make a decision to drop the case because they feel that there isn’t enough evidence
What is the Difference Between a Felony Case and a Misdemeanor Case?
If the crime that you’re charged with can land you in prison for over a year then that is classified as a felony. If the
Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?
No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can
How Do I Know When to Plead Guilty?
If your attorney really recommends. So make sure your attorney has fought tooth and nail to get you the best possible offer, the best possible
Is There A Better Chance I’ll Get a Plea Deal If I Wait Closer to Trial to Plead Guilty?
The answer is this it’s unknown. Every courthouse is different, every jurisdiction is different, every judge is different, every prosecutor is different, and every single
What Are Miranda Rights?
Miranda rights are a set of rights that you are afforded that the police must read to you when you are in custody. You’ve heard
Why Is It Important That Miranda Rights Have To Be Read For Me?
Miranda rights are only supposed to be read for you. They are only applicable is if you are in custody and the police want to
If I Was In Custody and the Police Asked Me Incriminating Questions and I Answer Them, But They Did Not Read Me My Miranda Rights, What Happens Then?
Well if you have a good attorney, a competent attorney they will file a motion to make inadmissible your answer. So if you provided an
What Is An Arraignment?
Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine
Does California’s Three Strikes Law Still Exist?
Yes it absolutely does and it’s being used against defendants every single day. So if you are charged with a crime and that crime could
Can My Lawyer Go To My Arraignment For Me?
Can My Lawyer Represent Me In Court Without Me Being There? The answer is simple: it depends if you are charged with a felony case,
Do I Need a Lawyer At Arraignment?
Yes, absolutely. If you are ever charged with a crime, if you are ever being investigated for a crime, it is recommended that you always
What Is Bail?
Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a
What If I Cannot Afford Bail?
If you cannot afford bail and there is a bail on your case, then unfortunately you are going to be held in custody for the
Can I Be Released Without Any Bail Amount?
It depends on what you are being charged with. There is a litany of cases that you will just simply be cited for by police
What Is O.R Release?
OR is a term that stands for own recognizance. What this means is that the judge has made a determination that there is no bail
How Do I Get Offered a Plea Bargain?
In almost every single case the prosecutor’s office is going to give you an offer to settle the case. However, the important thing is not
Is a Plea Bargain In My Best Interest?
In some circumstances, if you’re facing a criminal charge, the police may have enough evidence against you to be able to prove your guilt. At
What Makes A Crime A Crime?
If you could do an act and as the result of that act is being charged by the government with a crime that could put
Mens Rea
What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal
Difference Between Mistake Of Fact And Mistake Of Law
Mistake of Fact Defense: Can be a defense to a crime. For example, let’s say you had an identical purse as someone, and you put
What’s The Difference Between Careless And Reckless Negligent Driving?
Reckless Vs Careless Careless negligence is things that are more minor. For example, if you’re driving on the street and you’re in your own lane,
Intentional Vs Unintentional Conduct
What Is The Difference Between Intentional And Unintentional Conduct? If I intend to do something that is intentional, if I don’t intend to do something
Willful or Malicious Behavior When We’re Talking About a Crime?
If I intend to do something that is intentional, if I don’t intend to do something but something happens that is unintentional, it’s like a
What is Specific Intent?
Specific intent means that you specifically did something with the intent to do that which you specifically did.
Importance Of Motive In Criminal Law
What Is A Motive In A Crime? Motive typically isn’t an element in any crime. We don’t really have the element of motive in a
Crimes Without Mens Rea
No Mens Rea (Intent) For Driving While Drunk DUI is a perfect example of a crime that does not require mens rea. Because when you’re
Strict Liability Crimes
Strict Liability Definition Law Strict liability law is basically if you violate a law that does not require a specific intent or an intent. For
Assault Vs Battery
What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they
What Is the Difference Between Simple Assault and Aggravated Assault?
The answer is pretty self-explanatory. Simple assault is when there are either no injuries or very minor injuries. Possibly extremely minor bruising or something along
What Is An Example Of Involuntary Manslaughter?
Vehicular Manslaughter Manslaughter is when you have an unintentional killing of a victim without any specific intent. An example of manslaughter is if you are
Manslaughter Vs Murder
What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example
Difference Between Voluntary And Involuntary Manslaughter
Voluntary Versus Involuntary Manslaughter Voluntary manslaughter is the act to kill someone and you have the means, the intent, the reason behind killing that person.
If You Are Pulled Over By Law Enforcement Does Law Enforcement Have the Right to Search Your Car?
The answer is police officers don’t have a right to search anything. There has to be certain circumstances that will give them the reason to
What Kind of An Attorney Should I Expect to Work On My Case? How Many Attorneys, Paralegal Staff Members, Are Usually Assigned to a Criminal Case?
Well that all depends on your specific crime and also the type of firm you hire. If you hire a firm that only has one
What Happens If the Federal Government Arrests you?
The majority of arrests are made by the state government. However, the federal government also has a prosecutorial arm and the jurisdiction where they could
Does the Police Need a Warrant to Arrest you? In What Circumstances Can a Police Officer Arrest You Without a Warrant?
No, the police do not need a warrant to arrest you. If a crime happens in their presence and they witness it, then they can arrest you. If they show up to a scene and they, based on probable cause, circumstances, and totality of the facts, feel that a crime was committed they can arrest you. In most cases, police make warrantless arrests all the time. For example, if you are driving and a police officer pulls you over and has a suspicion that you are driving under the influence, then they could remove you from the vehicle, ask you to take some tests and if there’s enough evidence to show the police officer that you are indeed intoxicated over the legal limit, he can make an arrest right then and there without a warrant. Another example: if a police officer shows up to your house because there was a call of domestic violence and a witness states that there was domestic violence they don’t need a warrant to arrest you. Those are some examples of warrantless arrests.